Georgia Marital Property Division

In a divorce, all property from the marriage has to be
sorted out by the courts. Legally
speaking, the courts must turn the 1 household that existed during the marriage
into 2 separate households. Among the
many things courts must sort out, a universal issue is the division of
property, specifically Georgia property division.

Before going to court, a spouse should consider the advice
and guidance of a licensed Family Law attorney.
Property division laws can be complex, vary from state to state and
lawyers have the proper training and experience to tell the judge what a
divorcing spouse wants or needs from the property division.

Property Division Divorce
Laws in Georgia

The purpose of Georgia property division laws is to make
sure that marital property is allocated to each spouse equitably as determined
by Georgia case law. Georgia marital
property is divided under the considerations of Georgia case law and enforced
under O.C.G.A. §19-5-13.

Georgia is an equitable distribution state. This means that with regard to Georgia
divorce assets, anything the spouses brought into a marriage usually will not
be included in Georgia divorce assets or Georgia divorce property. The only property that comes into the court's
distribution is that which is legally classified as property of the marriage
subject to Georgia case law.

What is considered Marital and Non-Marital Property?

Marital property is defined under Georgia case law as any
property acquired by either spouse during the marriage with limited exemptions.

Non-marital or separate property is property acquired by
inheritance or a gift from someone outside the marriage while the parties are
married. This also includes property
each spouse had before the marriage.

Dividing Assets and Debt

After the court decides which property is available for
distribution, the next step is property valuation. The last step is the allocation of marital
property.

Using statutory factors, judges decide how a marriage's
assets should be divided. Here is a list
of the most common property items and the most common allocation scheme used.

Cash: Divided equitably among the
spouses.

Example 1: A joint savings account has $5,000. The court would most
likely award part of the money to each spouse based on each spouses' financial
situation.

Example 2: A joint savings account has $5,000. One spouse contributed $4,000 and the other contributed
$1,000. The amount may be divided in a
50-50 split or may be more balanced if the $1,000 contributor has fewer assets than the $4,000
contributor.

Retirement Plans: Divided based on the
duration of the marriage at the time the benefits accrued, looking at the
present value of the plan and/or survivor benefits.

Example 1: A spouse got benefits in a retirement plan after working
for 25 years and was married for 20 of those years.
The ex-spouse would be entitled to a portion of the retirement plan that was acquired during the marriage.

Example 2: A spouse has an unvested retirement plan. No division takes place until the plan is payable to the spouse who has it.

Vehicles: Divided based on the values
determined by the court. May be sold or
given to a spouse outright.

Example 1: A truck is owned by one of the spouses. The truck may be sold with the proceeds to be given to a poorer spouse or the truck may be given
outright to one of the spouses.

Example 2: A boat has a shared title.
The boat may be sold with the proceeds going to each spouse equally or the boat may be given to a poorer spouse.

Insurance: Determined based upon each
spouse's health, availability of alternate insurance and premium payments from
marital income.

Example 1: One spouse has covered the other under employer health
insurance. The other spouse is in poor health and could not afford alternate health
care coverage. The court may order the first spouse to continue covering that spouse for a
set time period and/or award a cash payment to the ailing spouse to get alternate
insurance.

Example 2: One spouse has a life insurance policy where the ex-spouse
is to get survivor benefits. The court may
order the spouse to remain as beneficiary or the spouse may be entitled to a portion of the benefits.

Settling Disputes in a Divorce Case with Property and
Asset Division

If a spouse is not complying with the order or you are
unhappy with some aspect of the property division, you may go back to the trial
court and seek enforcement or modification of the order. The court will then decide how to proceed.

However, the trial court's determinations will not be
changed on appeal unless the division was clearly unjust.

Help From a Georgia
Property Divorce Lawyer

It can not be stressed enough that retaining a Georgia
property divorce lawyer is key to getting the fairest and most equitable result
in the property division phase of a divorce.
The lawyer can provide professional guidance, keep you informed of likely
outcomes and help you present the best arguments and presentation to the trial
judge handling the divorce.